Extension of Time – Local Government Law

‘Whether Kerr J was wrong when he exercised his discretion to extend time for a challenge to be brought by a claim for judicial review against a planning permission granted more than five and a half years before the claim was issued was the question at the heart of the appeal in R (Thornton Hall Hotel Ltd) v Wirral MBC (2019) EWCA Civ 737. The appeal raised two main issues: first, in view of the delay of more than five and a half years, whether the Judge erred in extending time for the claim to be brought, under CPR r.3.1(2)(a); and second, having regard to the substance of the claim, whether he was wrong not to exercise his discretion to refuse relief under Section 31(6) of the Senior Courts Act 1981. The appeal was dismissed on both issues.’

Full Story

Local Government Law, 2nd May

Source: local-government-law.11kbw.com

Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog

‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’

Full Story

UK Human Rights Blog, 30th April 2019

Source: ukhumanrightsblog.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

Full Story

Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

‘The White Book is wrong’ – Vos offers clarity on disclosure rules – Law Society’s Gazette

Posted April 16th, 2019 in civil procedure rules, disclosure, news, pilot schemes by tracey

‘The chancellor of the High Court has made clear all existing cases must be subject to new disclosure procedures – and not as advised in the lawyers’ bible on litigation.’

Full Story

Law Society's Gazette, 16th April 2019

Source: www.lawgazette.co.uk

Vos: Disclosure pilot applies even if order made before January 2019 – Litigation Futures

Posted April 15th, 2019 in civil procedure rules, disclosure, news, pilot schemes by michael

‘The disclosure pilot applies to all Business and Property Courts proceedings, including cases where a disclosure order was made before 1 January 2019, the Chancellor of the High Court has ruled. Sir Geoffrey Vos said the newly published White Book was wrong on this point.’

Full Story

Litigation Futures, 15th April 2019

Source: www.litigationfutures.com

Second possession orders and estoppel – Nearly Legal

‘A court of appeal decision on a first instance application, where the main issue was whether, given an historic possession order, the landlord could bring fresh possession proceedings.’

Full Story

Nearly Legal, 24th March 2019

Source: nearlylegal.co.uk

Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette

Posted March 22nd, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by tracey

‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’

Full Story

Law Society's Gazette, 21st March 2019

Source: www.lawgazette.co.uk

Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures

Posted March 20th, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by sally

‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’

Full Story

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Lawyers face new duties to keep litigants in person informed – Law Society’s Gazette

‘Rule changes are on the way addressing concerns that lawyers may be keeping litigants in the dark about important court updates.’

Full Story

Law Society's Gazette, 26th February 2019

Source: www.lawgazette.co.uk

Permission to Appeal from the Lower and Appeal Courts: One Timeline or Two? – Hardwicke Chambers

Posted February 19th, 2019 in appeals, civil procedure rules, news, time limits by sally

‘When does time start to run for making an application for permission to appeal? Does the answer change, depending on whether the application is made to the lower or appellate court?’

Full Story

Hardwicke Chambers, 13th February 2019

Source: hardwicke.co.uk

Friston issues “double jeopardy” warning over conduct issues – Litigation Futures

Posted February 4th, 2019 in civil procedure rules, costs, double jeopardy, news by sally

‘Conduct issues that could have been dealt with at trial cannot be revisited during detailed assessment, the author of Friston on Costs, sitting in the Senior Courts Costs Office, has ruled.’

Full Story

Litigation Futures, 31st January 2019

Source: www.litigationfutures.com

Open justice wins out as court releases tobacco case papers – Litigation Futures

‘Another third-party bid to see documents used in a high-profile piece of litigation, this time involving the tobacco industry, has been successful.’

Full Story

Litigation Futures, 17th January 2019

Source: www.litigationfutures.com

Experts’ Agendas – a Warning from the Bench – No. 5 Chambers

Posted December 14th, 2018 in civil procedure rules, expert witnesses, news, practice directions by sally

‘“It certainly should not become routine to provide two versions which, as here, travel over much of the same ground. That approach tests the patience of the experts (and frankly of the court); produces a lengthier joint statement; potentially increases costs and is simply not the best way to focus on the issues. I do not think that anything further needs to be said or done in this case. However, if this worrying trend continues, parties may find that courts begin considering costs consequences.” – Mrs Justice Yip commenting on the experts’ agendas in the recent case of Welsh v Walsall Healthcare NHS Trust 2018 EWHC 1917 QB.’

Full Story

No. 5 Chambers, 10th December 2018

Source: www.no5.com

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

Full Story

No. 5 Chambers, 19th November 2018

Source: www.no5.com

The Disclosure Pilot: time to get ready – Hardwicke Chambers

Posted December 12th, 2018 in civil procedure rules, disclosure, news, pilot schemes by sally

‘Parties using the Business and Properties Courts need to familiarise themselves with a new Disclosure Pilot Scheme that is set to commence operation on 1 January 2019. In this article, co-authors of Electronic Disclosure: law and Practice (OUP, 2017) Michael Wheater and Charles Raffin run through an overview of the Pilot Scheme and flag some practical steps that parties and advisors can take to best prepare themselves for the enhanced disclosure related duties, and requirements, found under the Scheme.’

Full Story

Hardwicke Chamebrs, 30th November 2018

Source: hardwicke.co.uk

The pen: mightier than the word? – New Law Journal

Posted December 11th, 2018 in civil justice, civil procedure rules, costs, evidence, news, witnesses by sally

‘John A. Kimbell QC considers a new review of the rules on witness evidence in the Business & Property Courts.’

Full Story

New Law Journal, 12th November 2018

Source: www.newlawjournal.co.uk

No implied sanction for failure to serve medical report – Litigation Futures

Posted November 29th, 2018 in appeals, civil procedure rules, news, personal injuries, sanctions, service by tracey

‘There is no implied sanction for failing to serve a medical report, the High Court has ruled, reinstating a complex personal injury claim which had been struck out.’

Full Story

Litigation Futures, 29th November 2018

Source: www.litigationfutures.com

Appealing findings made by the TCC: guidance from the Court of Appeal – Practical Law: Construction Blog

Posted November 22nd, 2018 in appeals, civil procedure rules, fire, indemnities, insurance, news by tracey

‘In 2014, a waste plant owned by Wheeldon Brothers Waste Ltd was damaged by fire. Its insurer, Millennium Insurance Company Ltd, declined to indemnify the company in relation to the fire, citing alleged breaches of a variety of policy terms. At first instance, Mr Jonathan Acton Davis QC, sitting as Deputy High Court judge, ruled that Wheeldon was entitled to the indemnity.’

Full Story

Practical Law: Construction Blog, 19th November 2018

Source: constructionblog.practicallaw.com

QOCS judgment muddies the waters on costs-shifting – Law Society’s Gazette

Posted November 14th, 2018 in civil procedure rules, costs, damages, news by sally

‘A defendant who had initiated a counterclaim – and tried to receive the subsequent costs benefits of being a claimant – has lost his argument in the county court.’

Full Story

Law Society's Gazette, 12th November 2018

Source: www.lawgazette.co.uk

Court cannot order costs on account after part 36 acceptance – Litigation Futures

Posted November 14th, 2018 in civil procedure rules, costs, news, part 36 offers by sally

‘The courts have no power to order the payment of costs on account after a part 36 offer is accepted, the High Court has ruled.’

Full Story

Litigation Futures, 14th November 2018

Source: www.litigationfutures.com